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Royal C. Gardner, International Environmental Law: International Legal Developments in Review, 40 American Bar Association Section of International Law Year in Review 197 (2006)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, ACLI Case Notes, 1 American and Caribbean Law News 5 (2006)Clicking on the button will copy the full recommended citation.
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Darryl Wilson, “Let Them Do Drugs,” A Commentary on Random Efforts at Shot Blocking in the Sports Drug Game, 8 Fla. Coastal L. Rev. 53 (2006)Clicking on the button will copy the full recommended citation.
Performance enhancing supplements are a part of most people's everyday life whether it be coffee, cigarettes, Coke, or something "good for you" in a non-pharmaceutical sense of the term. No where is performance enhancement more sought after than in competitive athletics. This article reviews the historical background of performance enhancements and steroid use in sports. It then analyzes the unnecessarily unwieldy assortment of administrative bodies charged with testing, regulation, and disciplining policy offenders. A look at domestic legislative responses follows, along with a review of the disparate court and administrative decisions rendered in this area from both domestic and international bodies. Next, this article will look at some of the practical implications of these decisions to determine if the goal of ridding sports of these enhancements is truly desirable, remotely realistic and reasonably furthered by the actions of the decisions rendered. While some tangible suggestions on how the system can be reformed are offered, they also consider the prospects of simply changing the rewards available for those found to use unauthorized drugs instead of the ineffective approach of instituting after the fact bans and making examples of certain athletes. Without a concerted effort by more unified domestic and international bodies in conjunction with actions by existing or new governmental authorities there really is no hope for stopping illicit drug usage.
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Stephanie Vaughan and Jack M. Graves, The Willem C. Vis International Commercial Arbitration Moot: Making the Most of an Extraordinary Educational Opportunity, 10 Vindobona Journal of International Commercial Law and Arbitration 173 (2006)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, A Case for Recognizing Unenumerated Powers of Congress, 9 N.Y.U. J. Legis. & Pub. Pol'y 551 (2006)Clicking on the button will copy the full recommended citation.
Many federal statutes are justified constitutionally as the regulation of interstate commerce. But it is disingenuous to characterize the Endangered Species Act, anti-discrimination law, and many criminal statues in this way. This article argues that it would be more honest, more straightforward, and better for the nation to recognize explicitly that Congress holds certain unenumerated powers. Using principles developed in the field of unenumerated individual constitutional rights, the article suggests categories for such rights, including fields in which states are discouraged from acting, fields that involve foreign affairs, and fields that implicate national symbols and future ideals. These limits would in turn offer hope for a strengthened system of federalism.
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Luz Estella Nagle, La Cenicienta del gobierno: reforma a la justicia en América Latina, in Independencia Judicial: Diseños Institucionales y Balances Historicos (Ediciones Antropos, 2006)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle and Henry W. McGee, Protección del medio ambiente imponiendo una responsabilidad civil, in Responsibilidad civil de profesionales y empresarios (Grupo Bilbo, 2006)Clicking on the button will copy the full recommended citation.
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Tim Kaye, Childhood Obesity, School Food and Education: The Role of the Law, in The Law as an Agent of Change in Education (Roderick Flynn ed., CAPSLE, 2006)Clicking on the button will copy the full recommended citation.
Child obesity is a growing cause for concern in both North America and the United Kingdom. Despite a number of initiatives to tackle the problem, rates of childhood obesity continue to rise on both sides of the Atlantic. Nowhere is the problem more acute than the UK, which is believed to have the fastest-growing rate of obesity in the developed world. In 2001, 23 per cent of British women and 21 per cent of British men were obese, compared to 8 per cent of women and 6 per cent of men in 1980. Childhood obesity has almost doubled since the mid 1980s. Indeed, between 1996 and 2001, the proportion of overweight children aged 6 to 15 years old increased by 7 per cent, whilst the International Obesity Task Force (IOTF), has warned that over 40 per cent of the UK population could be obese "within a generation". This paper examines the changes in English education law which have facilitated this increase in obesity rates, and considers too the changes which have recently been made or are currently under consideration in order to try to reverse the trend.
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Peter Lake and Darby Dickerson, A Blueprint for Collaborative Risk Management Teams, Campus Activities Programming (2006)Clicking on the button will copy the full recommended citation.
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D. Benjamin Barros, Home as a Legal Concept, 46 Santa Clara Law Review 255 (2006)Clicking on the button will copy the full recommended citation.
This article, which is the first comprehensive discussion of the American legal concept of home, makes two major contributions. First, the article systematically examines how homes are treated more favorably than other types of property in a wide range of legal contexts, including criminal law and procedure, torts, privacy, landlord-tenant, debtor-creditor, family law, and income taxation. Second, the article considers the normative issue of whether this favorable treatment is justified. The article draws from material on the psychological concept of home and the cultural history of home throughout this analysis, providing insight into the interests at stake in various legal issues involving the home.
The article concludes that homes are different from other types of property and give rise to legal interests deserving of special legal protection, but that these interests can be outweighed by competing interests in particular legal contexts. The result is that in many contexts special legal treatment of homes is justified. In other contexts, for example residential rent control, the strength of competing interests means that the law overprotects the home. In still other contexts, for example eminent domain law as embodied by the Supreme Court's recent decision in Kelo v. New London, the law tends to underprotect the home.